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[00:00:01]

I'LL GET YOU THE MONEY. WE'RE GOING TO GO AHEAD AND CALL OUR NEXT MEETING TO ORDER.

[Call Meeting to Order]

WE'RE GOING TO CALL IT THE ORDER, THE 24TH DAY OF FEBRUARY 2023 AT 9:57.

COULD I GET A MOTION TO SKIP THE INVOCATION AND PLEDGES? SO MOVED. WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION.

AND SECOND. ALL IN FAVOR SAY AYE.

OPPOSED HEARING NONE.

MOTION CARRIES ANNOUNCEMENTS.

ANY ANNOUNCEMENTS FROM COMMISSIONERS? NOPE. NOPE.

STAFF. NOPE.

OKAY. CITIZENS COMMENTS.

NO CITIZENS COMMENTS.

[PUBLIC HEARING]

OKAY. WITH THAT, WE'RE GOING TO GO AHEAD AND OPEN PUBLIC HEARING CONCERNING THE DESIGNATION OF STORAGE PROJECT REINVESTMENT ZONE LOCATED AT 29 DEGREES 0.9539 29.95389 DEGREES AND -97.665449 DEGREES.

AND WE'LL OPEN IT AT 9;58.

LEAVE IT OPEN FOR A COUPLE OF MINUTES.

OKAY. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AT 10:01 AND MOVE TO ITEM ONE.

[Items 1 & 2]

DISCUSSION ACTION TO CONSIDER THE APPROVAL OF ORDER 032023 DESIGNATED BY ORDINANCE AN AREA AS THE B.J.

STORAGE PROJECT REINVESTMENT ZONE NUMBER ONE LOCATED AT 29.95389 DEGREES AND -97 665449 DEGREES.

IN THE FUTURE, WE NEED TO PUT NORTH AND WEST ON THOSE COORDINATES.

WE'LL DO THIS AND I'LL GO AHEAD AND READ THE ORDER.

ORDER 032023.

ORDINANCE DESIGNATING ARDISIA STORAGE PROJECT FACILITY REINVESTMENT ZONE NUMBER ONE.

WHEREAS CHAPTER 312 TEXAS TAX CODE ALLOWS COUNTIES TO DESIGNATE AREAS AS REINVESTMENT ZONES IN ORDER TO ENCOURAGE DEVELOPMENT OF UTILIZED UNDERUTILIZED REAL ESTATE AND TO EXPAND ECONOMIC DEVELOPMENT GENERALLY WITHIN THE COUNTY THROUGH TAX ABATEMENT.

[00:05:08]

AND. WHEREAS, CALDWELL COUNTY [INAUDIBLE] AND RESOLUTION 402022 INDICATED ITS ELECTION TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT UNDER CHAPTER 312 TEXAS TAX CODE AND ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS.

AND. WHEREAS, ARTESIA STORAGE PROJECT, LLC.

ARTESIA SEEKS TO CONSTRUCT A BATTERY STORAGE FACILITY AND ASSOCIATED INFRASTRUCTURE WITH NAMEPLATE CAPACITY NECESSARY TO STORE AND TRANSMIT APPROXIMATELY 100MW OF ELECTRICITY WITHIN CALDWELL COUNTY THAT WILL BE USED TO REINFORCE THE STATE'S OVERBURDENED ELECTRICITY GRID.

AND. WHEREAS, ARDESIA HAS APPROACHED THE COUNTY AND REQUESTED AN AREA, THE PROPOSED ZONE, TO BE DESIGNATED AS ARDESIA STORAGE PROJECT REINVESTMENT ZONE NUMBER ONE, MORE ACCURATELY DESCRIBED IN ATTACHMENT A, WHEREAS ARDESIA HAS INDICATED IN ITS APPLICATION THAT THE BATTERY STORAGE FACILITY WILL BE LOCATED WITHIN THE PROPOSED ZONE.

AND. WHEREAS, NOTICE OF PUBLIC HEARING SET ON MARCH 28TH, 2023, WAS PUBLISHED IN A NEWSPAPER HAVING GENERAL CIRCULATION IN CALDWELL COUNTY FOR A PERIOD NOT LESS THAN SEVEN DAYS BEFORE THE DATE OF THE HEARING.

WHEREAS NOTICE OF PUBLIC HEARING SET ON MARCH 28TH, 2023, WAS DELIVERED IN WRITING VIA UPS BY REGISTERED MAIL BY REGISTERED OR CERTIFIED MAIL WITH RETURN RECEIPT RECEIVED TO THE PRESIDING OFFICER OF THE GOVERNING BODY OF EACH TAXING UNIT THAT INCLUDES IN ITS BOUNDARIES THE AREA DESCRIBED IN ATTACHMENT A AND. WHEREAS, ON MARCH 28TH, 2023, A PUBLIC HEARING WAS HELD AND INTERESTED PARTIES WERE PERMITTED TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE THE DESIGNATION.

NOW, THEREFORE, BE IT ORDERED BY CALDWELL COUNTY COMMISSIONERS COURT, THAT COURT FINDS THAT THE DESIGNATION OF THE PROPOSED ZONE WOULD ATTRACT MAJOR INVESTMENT IN THE ZONE.

THAT WOULD BE A BENEFIT TO THE PROPERTY TO BE INCLUDED IN THE ZONE AND WOULD CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE COUNTY TO THE PROPOSED ZONE IS ELIGIBLE FOR COMMERCIAL INDUSTRIAL TAX ABATEMENT.

THREE THE PROPOSED BOUNDARIES OF THE PROPOSED ZONE ARE DESCRIBED IN ATTACHMENT A FOR THE PROPOSED ZONE IS HEREBY DESIGNATED AS ARTESIA STORAGE PROJECT REINVESTMENT ZONE NUMBER ONE AND FIVE AS REQUIRED BY SECTION THREE 12.401 TEXAS TAX CODE.

THE DESIGNATION EXPIRES FIVE YEARS FROM THE DATE OF THIS ORDER, ORDERED MARCH 28TH, 2023.

COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE ORDER 032023.

SO MOVE. WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION IN A SECOND.

ANY DISCUSSION? SO WHERE ARE THEY? WHERE IS THIS EXACTLY GOING TO BUILD? IT'S SO THE REINVESTMENT ZONE IS ON 1185 ON.

IF YOU COME IN NORTH ON 183, TAKE A RIDE ON 1185, IT'S DOWN THERE ON THE LEFT.

SO THAT'S CLOSE TO THE THE LANDFILL.

IT'S ACTUALLY ACTUALLY PART PART OF THEIR PROPERTY THAT THEY'RE SELLING TO ARDESIA.

ANY OTHER QUESTIONS? ARE THEY GOING TO THEY'RE GOING TO PROVIDE ELECTRICITY 100MW.

THEY'LL STORE IT. THEY'RE GOING TO STORE IT OFF GRID.

AND AT TIMES OF PEAK DEMAND, LIKE, YOU KNOW, A WINTER STORM OR HIGH DEMAND IN THE SUMMER, THEN IT'LL PROVIDE POWER BACK TO THE GRID WHEN THEY NEED IT AT PEAK TIMES.

I JUST HAVE A PROBLEM WITH THE TAX ABATEMENT DEAL.

JUST THAT'S ONE OF MY PROBLEMS THAT I HAVE.

WELL, AND THAT'S OKAY.

I MEAN, YOU CAN VOTE. NO.

THEY WITHOUT THESE TAX ABATEMENTS, $85 MILLION WILL GO SOMEWHERE ELSE.

RIGHT. I UNDERSTAND THAT. AND IN FIVE YEARS THAT ROLLS OFF THE BOOKS AND THEY'RE.

WELL, HOW MUCH ARE THEY GOING TO MAKE OFF OF ITS 100% ABATEMENT WITH A 50% PILOT RETURN BACK TO US SO WE GET HALF THE MONEY BACK EVERY YEAR, WHICH AMOUNTS TO, I THINK, SOMEWHERE IN THE NEIGHBORHOOD.

I'M NOT SURE. I CAN'T REMEMBER WHAT IT WAS, BUT IT'S BUT WE GET HALF WE GET HALF BACK AS A PAYMENT IN LIEU OF TAX.

THAT'S WHAT PILOT STANDS FOR.

OKAY. SO WE GET 50% BACK.

SO IN ESSENCE, IT'S A 50% ABATEMENT.

IS THERE A DESIGN ON THAT BUILDING OF THAT? IT'S NOT A BUILDING.

SO WE IT'S THEY'RE EACH THEY'RE PODS AND EACH POD CONTAINS BATTERIES.

AND THERE ARE MULTIPLE PODS OF THOSE BATTERIES THAT HAVE FIRE SUPPRESSION AND THAT ARE SELF-CONTAINED AND MONITORED THAT ONE ABOUT THE FENCE PROTECTION

[00:10:02]

AND ALL LIKE THAT. IT'S PARDON ABOUT THE FENCE PROTECTION.

WELL, IT'LL HAVE A FENCE AROUND IT.

YES, SIR. YEAH COME ON UP.

GOOD MORNING, JUDGE AND COMMISSIONERS.

THANKS FOR HAVING US HERE AND THANKS FOR CONSIDERING THIS.

SO I THINK YOUR QUESTION WAS APPROXIMATELY HOW MUCH REVENUE IT WOULD BRING TO THE COUNTY ON AN ANNUAL BASIS.

I BELIEVE IT'S ABOUT 400.

IT AVERAGES ABOUT $400,000 A YEAR, AND IT'S A NET $400,000 POSITIVE TO THE COUNTY BECAUSE THIS PARTICULAR PROJECT, UNLIKE OTHER PROJECTS LIKE A MANUFACTURING FACILITY, IT WILL NOT ADD ANY BURDEN TO YOUR SERVICES.

YOU KNOW, IT LITERALLY WILL JUST SHARE IN THE TAX REVENUE THAT IT WILL GENERATE THE ADDITIONAL THING THAT IS NOT CONSIDERED.

AND I THINK PROBABLY IT'S IMPORTANT TO YOU ALL THAT'S NOT CONSIDERED IN THESE NUMBERS.

THE NUMBER OF 85 MILLION IS JUST THE INITIAL INVESTMENT.

IT'S NOT KNOWN EXACTLY.

THIS IS A 30 YEAR COMMITMENT.

BASICALLY, THE CONTRACTS AND THE POWER AGREEMENTS WITH THIS, IT ENDS UP BEING A 30 YEAR PROJECT, WHICH IS A LOT LONGER THAN TYPICALLY MOST PROJECTS WOULD LOOK AT FROM A HORIZON.

SO AT SOME POINT DURING THAT TIME, THERE'S GOING TO BE ADDITIONAL AUGMENTATION OR INVESTMENT OF THAT 85 MILLION, IT COULD BE, YOU KNOW, IN 20 YEARS IT COULD BE ANOTHER 85 MILLION IN TOTAL.

AND THAT WILL OCCUR MORE LIKELY THAN NOT AFTER THE INITIAL ABATEMENT.

SO THAT WOULD BE 100% OF THE COUNTY AT THAT TIME AND THIS AND ONCE THE DURATION OF THIS AGREEMENT RUNS, IT'S 100% ON 85 MILLION.

SO THAT'S WHAT I READ.

OKAY. ALL RIGHT.

ANY OTHER DISCUSSION? I'LL JUST ADD, I AT ONE TIME SHARED SOME OF THE SAME CONCERNS.

COMMISSIONER HORNE, I THINK THOSE CONCERNS ARE VALID AND WERE VALID.

I DO THINK THAT THE, THE PILOT PAYMENT OR PAYMENT IN LIEU OF TAXES IS IS A SIGNIFICANT PORTION OF THIS THAT WEIGHED ON MY CONSIDERATION FOR THIS PROJECT.

SO. OKAY.

ANYTHING ELSE? IF NOT, WE LOOK FOR A MOTION TO CONSIDER THE APPROVAL OF A TAX ABATEMENT AGREEMENT PURSUANT TO CHAPTER 312 TEXAS TECH TAX CODE THAT CONTAIN THE FOLLOWING NAME OF THE PROPERTY OWNER.

APPLICANT ARDESIA, LLC, ARDESIA STORAGE PROJECT, LLC.

BY TRACY STODDARD, VICE PRESIDENT, BUSINESS NAME AND LOCATION OF THE REINVESTMENT ZONE.

ARDESIA STORAGE PROJECT REINVESTMENT ZONE NUMBER 129 .95389 DEGREES.

I BELIEVE THAT'S NORTH AND -97.665449.

WEST NATURE OF IMPROVEMENTS, CONSTRUCTION AND MAINTENANCE OF BATTERY STORAGE FACILITY WITH NAMEPLATE CAPACITY OF 100MW AND ESTIMATED COST OF CAPITAL IMPROVEMENTS. $85 MILLION.

SO, JUDGE, I THINK WE'RE STILL WAITING FOR A MOTION, AND THAT'S WHAT I'M DOING RIGHT NOW.

I'M TRYING TO GET A MOTION.

NO, WE HAVE A MOTION AND A SECOND ON THE FIRST ITEM.

OH, SORRY, WE HAVEN'T HAD A VOTE ON ITEM ONE.

YES, I APOLOGIZE FOR THAT.

THAT'S OKAY. MOTION AND A SECOND.

ALL IN FAVOR. SAY AYE.

COMMISSIONERS DID EVERYBODY SAY AYE OR NAY.

AYE. ALL RIGHT.

ALL IN FAVOR? FOUR AYES.

NO NAYS. MOTION PASSES.

ITEM TWO DO WE HAVE A MOTION FOR EVERYTHING I JUST READ? SO MOVE.

WE HAVE A MOTION. DO WE HAVE A SECOND? HAVE A SECOND. WE HAVE A MOTION IN A SECOND.

ALL IN FAVOR. SAY AYE.

AYE. OPPOSED.

MOTION CARRIES.

THANK YOU VERY MUCH. ITEM THREE MOTION TO ADJOURN.

I'LL MOVE TO ADJOURN.

WE HAVE A MOTION TO ADJOURN AT 1011.

DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR. SAY AYE.

AYE. OPPOSED HEARING NONE.

MOTION CARRIES.

* This transcript was compiled from uncorrected Closed Captioning.